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2025 DAILYLAW 28010 (AP)

Mrs Fatima Usman Chaudary alias Zoya v. THE STATE OF ANDHRA PRADESH

CRLP/8278/2025 · 2025-08-18

Y Lakshmana Rao

body2025

Judgment text

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APHC010397862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8278/2025 Between: Mrs Fatima Usman Chaudary Alias Zoya and others ...PETITIONER/ACCUSED(S) AND The State of Andhra Pradesh ...RESPONDENT/COMPLAINANT CRIMINAL PETITION NO: 8280/2025 Between: Mrs Fatima Usman Chaudary Alias Zoya and others ...PETITIONER/ACCUSED(S) AND The State of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): Sudhakara Rao Ambati Counsel for the Respondent/complainant: Public Prosecutor The Court made the following: 2 Dr.YLR, J Crl.P.No.8278 of 2025 Dated 19.08.2025 COMMON ORDER: These Criminal Petitions are heard together and disposed of by this common order, inasmuch as the submissions of the State are one and the same. 2. The petitions have been filed seeking grant of pre-arrest bail to the petitioners, who apprehend that they are likely to be arraigned as accused in Crime No.413 of 2025 of Bhimunipatnam Police Station and Crime No.466 of 2025 of Movvalavaripalem Police Station, Visakhapatnam District, respectively. 3. At the threshold, the learned Assistant Public Prosecutor submits that the petitioners have not yet been arraigned as accused in the above crimes. Therefore, the apprehension of the petitioners that they are going to be arrested soon after being enlarged on bail in Crime Nos.413 and 466 of 2025, it not a reasonable and genuine. The Hon’ble Apex Court, in Gurbaksh Singh Sibbia v. State of Punjab1 and Sushila Aggarwal v. State (NCT of Delhi)2, has categorically held that unless there exists a genuine or bona fide belief of imminent threat of arrest, the discretionary relief of pre-arrest bail cannot be granted. In the present case, the petitioners are already in judicial custody in Crime Nos.413 and 466 of 2025, and so far, they have not been shown as 1 (1980) 2 SCC 565 2 (2020) 5 SCC 1 3 Dr.YLR, J Crl.P.No.8278 of 2025 Dated 19.08.2025 accused in the present crimes. Whether the police will arrest them in these cases is still uncertain. Hence, these petitions are premature. 4. Accordingly, without going into the merits of the matter, both the petitions are disposed of, granting liberty to the petitioners to move an appropriate application at the appropriate stage. There shall be no order as to costs. As a sequel, interlocutory applications, if any pending, shall stand closed. _________________________ Dr. Y. LAKSHMANA RAO, J Dt: 19.08.2025 KMS 4 Dr.YLR, J Crl.P.No.8278 of 2025 Dated 19.08.2025 148 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NOs: 8278 and 8280 of 2025 19.08.2025 W KMS